Patna High CourtCR. MISC./8719/2023bail rejected

Prabhat Kumar Rai @ Sonu v. The State Of Bihar

2023-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8719 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== PRABHAT KUMAR RAI @ SONU Son of Maheshwar Rai R/o Suapakar, Rupauli Buzurg, P.S.- Musarigharari, Samastipur 848132 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bharat Lal, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and 25(1-b)a, 26 & 35 of the Arms Act. As per the prosecution case, informant received an information that 10 to 11 miscreants have assembled to commit same crime. Thereafter, a raid was conducted in which police apprehended 7 miscreants and other miscreants fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Name of the petitioner transpired on the basis of confessional statement of the co-accused persons and no incriminating material has been recovered from the possession

Patna High Court CR. MISC. No.8719 of 2023(2) dt.12-05-2023 2/2 of the petitioner.

Learned counsel for the State opposes the prayer for bail and stated that the petitioner has got 9 criminal antecedent and some of them are of similar nature.

Considering the fact that petitioner has got 9 criminal antecedent and some of them are of similar nature, prayer for pre-arrest bail of the petitioner is rejected with direction surrender and seek regular bail within four weeks which would be disposed of on its own merit without being prejudiced by this order.

(Prabhat Kumar Singh, J) Kaushik/- U T